2024 Catherine Street Storm Sewer Project - Canceling the Public Improvement ContractCity of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
February 16, 2026
ITEM TITLE: 2024 Catherine Street Storm Sewer Project - Canceling the
Public Improvement Contract
SUMMARY: City Manager recommending City Council approve the
cancellation of the 2024 Catherine Street Storm Sewer
Project and rescind the Public Improvement Contract with
Temperley Excavating Co. through adoption of the attached
resolution.
RESOLUTION Rescinding Resolution No. 137-24 Which
Awarded The Public Improvement Contract For The 2024
Catherine Street Storm Sewer Project To Temperley
Excavating Co. Cancelling The Project And Contract
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo - 2024 Catherine Street Storm Sewer Project Cancelling Public
Improvement Contract
2. 2024 Catherine St Storm Sewer Project - Council Staff Rescind Contract MEMO
3. 2024 Catherine St Storm Sewer Project - Council Rescind Contract RESOLUTION
Page 183 of 1214
THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2024 Catherine Street Storm Sewer Project
Cancelling the Public Improvement Contract
Project No. 5586500019
DATE: February 10, 2026
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Assistant City Engineer Robert Schiesl is recommending City Council approve the
cancellation of the 2024 Catherine Street Storm Sewer Project and rescind the Public
Improvement Contract with Temperley Excavating Co. through adoption of the attached
resolution.
Before construction began, the City identified unforeseen underground utility conflicts
and further deterioration of the existing storm sewer pipe, which were conditions not
included in the original project scope. After evaluating redesign alternatives, City staff
determined that these changes would significantly increase both the scope and cost of
the project.
Given the potential substantial cost increase, proceeding under the current contract
would not serve the public's best interest. The most appropriate course of action was to
cancel the existing project and prepare a revised design for rebidding at a later date.
The City and Temperley Excavating Co. have mutually agreed that, due to
circumstances beyond either party's control, the project and contract should be
cancelled.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/-� -� LT
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Page 184 of 1214
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesi, Assistant City Engineer
Page 185 of 1214
THE COF
DtUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: 2024 Catherine Street Storm Sewer Project
Cancelling the Public Improvement Contract
Project No. 5586500019
DATE: February 10, 2026
INTRODUCTION
Dubuque
AII•Amanu Clq
waxw.wx: uxzr
2007-2012.2013
2017*2019
This memorandum requests the City Council approve cancelling the 2024 Catherine
Street Storm Sewer Project and rescinding the Public Improvement Contract with
Temperley Excavating Co.
BACKGROUND
The City received informal bids on May 9, 2024, for the 2024 Catherine Street Storm
Sewer Project. Temperley Excavating, Inc. of East Dubuque, IL, submitted the low bid in
the amount of $64,090.93. Subsequently, City Council adopted Resolution No. 137-24,
awarding the Public Improvement Contract to Temperley Excavating Co.
ISCUSSION
Before construction began, the City identified unforeseen underground utility conflicts
and further deterioration of the existing storm sewer pipe, which were conditions not
included in the original project scope. After evaluating redesign alternatives, City staff
determined that these changes would significantly increase both the scope and cost of
the project.
Given the potential substantial cost increase, proceeding under the current contract
would not serve the public's best interest. The most appropriate course of action was to
cancel the existing project and prepare a revised design for rebidding at a later date.
The City and Temperley Excavating Co. have mutually agreed that, due to
circumstances beyond either party's control, the project and contract should be
cancelled, and Resolution No. 137-24 be rescinded.
RECOMMENDATION
I recommend the City Council approve the cancellation of the 2024 Catherine Street
Storm Sewer Project and rescind the Public Improvement Contract with Temperley
Excavating Co.
Page 1 of 2
Page 186 of 1214
ACTION TO BE TAKEN
I respectfully request that the
Catherine Street Storm Sewer
with Temperley Excavating Co.
City Council approve the ca
Project and rescind the Public
through adoption of the attached
Prepared by Robert Schiesl, Assistant City Engineer
cc: Gus Psihoyos, City Engineer
ncellation of the 2024
Improvement Contract
resolution.
F:\PROJECTS\Storm\Catherine Street\Council & Staff Documents\Rescind - 2024 Temperley Contract
Page 2 of 2
Page 187 of 1214
Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 13th St Dubuque IA 52001 (563)589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 39 - 26
RESCINDING RESOLUTION NO. 137-24 WHICH AWARDED THE PUBLIC
IMPROVEMENT CONTRACT FOR THE 2024 CATHERINE STREET STORM SEWER
PROJECT TO TEMPERLEY EXCAVATING CO. CANCELLING THE PROJECT AND
CONTRACT
WHEREAS, sealed informal bid proposals were submitted by contractors for the
Catherine Street Storm Sewer Project, (the Project) and Notice to Bidders published on
the City of Dubuque, Iowa website on the 2311 day of April 2024; and
WHEREAS, said sealed informal bid proposals were opened and read on the 9th
day of May 2024 and it was determined that Temperley Excavating Co. of East Dubuque,
IL submitted the lowest bid in the amount of $64,090.93, and is the lowest responsive,
responsible bidder for the Project; and
WHEREAS, the City Council by Resolution No. 137-24 awarded the Contract for
the Project to Temperley Excavating Co.; and
WHEREAS, City and Temperley Excavating Co. have mutually agreed that due to
unforeseen circumstances beyond the control of either party, the Project and Contract
should be cancelled, and Resolution No. 137-24 be rescinded.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. That the Project and the Contract are cancelled and Resolution No.
137-24 which awarded the Contract for the Project to Temperley Excavating Co. is hereby
rescinded and neither party shall have any further obligation of any kind under the
Contract to the other party
Passed, adopted, and approved this 1611 day of February 2026.
.y
Brad M. Cavbnlagh, Mayor
Attest:
Adrienne N. Breitfelder,'CMC City Clerk